136 Representatives & Senators Express Concern About DOT HOS Proposal
In mid February 2011, 14 Senators and 122 Representatives sent letters1 to Secretary of Transportation LaHood expressing concerns about the Department of Transportation’s proposed changes to its hours of service rules for commercial truck drivers.
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(Among other things, DOT’s HOS proposal would retain the "34-hour restart" provision allowing drivers to restart the clock on their weekly 60 or 70 hours by taking at least 34 consecutive hours off-duty. However, the restart period would have to include two consecutive off-duty periods from midnight to 6:00 a.m. Drivers would be allowed to use this restart only once during a seven-day period.
Additionally, the proposal would require commercial truck drivers to complete all driving within a 14-hour workday, and to complete all on-duty work-related activities within 13 hours to allow for at least a one hour break. It also leaves open for comment whether drivers should be limited to 10 or 11 hours of daily driving time, although FMCSA currently favors a 10-hour limit.)
Say Changes Would Have Negative Impact on Safety, Productivity, & Economy
Both the Senate and House letters state that if DOT’s proposed changes are finalized, they would have a substantially negative impact on highway transportation safety, productivity, and the U.S. economy.
Highlights of the concerns expressed in the letters include:
Current rules are working well. The rules currently in place are working well and do not need to be changed. Both letters note that the number and rate of accidents involving trucks have declined to their lowest levels in recorded history, even as truck mileage has increased.
Companies would be forced to increase number of trucks. If the proposed changes are implemented, companies would be forced to increase the number of trucks on the road necessary for delivering the same amount of freight; adding to final product costs and increasing congestion on U.S. highways. The letters express concern that small business truckers would be especially hard hit by the new rules.
Law enforcement would be hampered. Beyond productivity losses and increased costs on industry and consumers, the proposed changes would significantly challenge law enforcement. Because the proposed rules are complex and restrictive, motor carriers will have difficulty accurately identifying violations. Such complexity will only serve to hamper both industry compliance and motor carrier enforcement.
1The letter from 14 Senators was sent on February 18, 2011 and the letter from 122 Representatives was sent on February 22, 2011.
(See ITT’s Online Archives or 02/17/11 news, 11021718, for BP summary of extension of HOS proposed rule comment period to March 4, 2011.
See ITT’s Online Archives or 12/29/10 news, 10122907, for BP summary of HOS proposed rule.
See ITT’s Online Archives or 02/18/11 news, 11021813, for BP summary of 37 groups urging a House Transportation Committee hearing on the HOS proposed rule.)
Letters available by emailing documents@brokerpower.com.